The below Parliamentary question was asked by Bridget Phillipson on 2016-02-11.
To ask the Secretary of State for Justice, with reference to paragraph 1.26 of the National Audit Office report, Implementing reforms to civil legal aid reports, published in November 2014, what assessment he has made of the effect of the increase in the number of litigants in person in family courts for cases involving contact with children on the quality of child arrangements orders made in families known to have a history of domestic abuse.
Caroline Dinenage
The family court takes the issue of domestic violence extremely seriously. Where domestic violence or abuse is admitted or proven, any child arrangements order put in place must protect the safety and wellbeing of the child and the parent with whom the child is living, and not expose them to the risk of further harm. In particular, the court must be satisfied that any contact ordered with a parent who has perpetrated violence or abuse is safe and in the best interests of the child.
Where the court concludes that direct contact is safe and beneficial for the child, it can impose conditions such as supervised contact to protect the child.
The Ministry of Justice has improved funding for support and advice projects led by advice, voluntary and the pro bono sector to assist litigants in person and provide them with the information and skills to effectively represent themselves in court. Further, a person who has evidence of domestic violence or abuse, or the risk of such violence or abuse, can still obtain legal aid for advice and legal representation in the family court for a protective order or to deal with other family matters, such as a child arrangements order. This is to make sure that actual or potential victims of domestic violence or abuse are given the protection they need to keep them and other family members, including children, safe.
